Russ Feingold: “After setting out a number of the difficulties of complying with this bill, Secretary Jon Litscher concludes the…”

“After setting out a number of the difficulties of complying with this bill, Secretary Jon Litscher concludes the following: Given the complexity of administering this bill and pitting one state against another, I don't believe this legislation will enhance the criminal justice system. I believe that Mr. Litscher's view is shared by criminal justice professionals all over the country, along with Governors and other elected officials, all of whom are working just as hard to reduce violent crime as the sponsors of this bill. I cannot leave this topic of how this provision creates a 'race to the top' in sentencing without commenting on how it will effect the death penalty. Currently, 38 states have the death penalty for some crimes. That is more than half the states. Now I am not sure how you calculate an average sentence when some jurisdictions use the death penalty. But there would certainly be a strong argument that the states that do not use the death penalty will risk losing federal law enforcement assistance funds if a convicted murderer is let out on parole and commits another serious crime. Basically, this policy could force states to either enact the death penalty or never release a person convicted of murder on parole. Now maybe that is what some people want. But I believe that whether to impose the ultimate penalty of death should be up to the states and their citizens. Federal coercion has no place in this question of conscience.”